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(영문) 서울중앙지방법원 2016.09.29 2016고합782
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 8, 2016, at around 04:20, the Defendant expressed a desire to the victim on the ground that the Defendant would be able to bread while under the influence of alcohol while getting on and off a D taxi under the influence of alcohol while being on board a victim C (71 years of age) in front of the National Bank located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu 1231.

Accordingly, the injured person caused the victim's desire to dynasium to the defendant, and the defendant caused the victim's face while driving a sudden drinking once, and the victim suffered about 2 weeks of treatment, such as a gynasium and gynasium around the snow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. A written statement of the victim C;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the consideration of favorable circumstances among the grounds for sentencing to be considered subsequent) of the mitigated amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing, as seen subsequent to the suspension of execution)

1. Scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] : In the case of minor injuries (2 and 4 types), the grounds for punishment (including serious efforts to recover damage), or the recovery of considerable damage (the scope of the recommended punishment] special mitigation area, imprisonment for not less than 5 months and not more than 2 years;

3. Scope of sentence comparison and recommendation: Imprisonment with prison labor for not less than one year and not more than six months but not more than two years;

4. Determination of sentence: A crime of assaulting a victim who is driving a motor vehicle with one year and six months of imprisonment, or two years of suspended sentence, is a crime that is likely to cause additional damage by causing a traffic accident, as the case may be, not only to infringe the victim's body;

The defendant's responsibility is not less complicated.

However, the defendant.

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